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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was married in china on 14.9.2015, i purchased a flat

Customer Question

I was married in china on 14.9.2015, i purchased a flat there which is now worth £60,000. I already had a house in London now worth about £280,000. I have 3 pensions worth £23000 a year and a pension pot of £130000 which matures in 3 years. The house in
London is currently tenanted and the lease runs out in September 2016. The wife has a pension of £1200 a year from the Chinese government. She holds dual nationality. I also have debts of £25000 to various credit card companies. She is 61 and i am 67 there
are no children of the marriage . She has no British pension entitlement. Under English law what would be a fair offer to the wife
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
How long have you lived together?
Clare
Customer: replied 1 year ago.
only since the marriage
Customer: replied 1 year ago.
further information , I offered he the chiese flat complete, 65000 or 1/4 the value of the house and an inflation linked 200 a month after the sale. before she also receives the rent of 950 a month to july 2016 at the most
Customer: replied 1 year ago.
65000 or 1/4 of the house value after costs whichever is the highest
Expert:  Clare replied 1 year ago.
Has she ever lived in the Uk?
Customer: replied 1 year ago.
yes she got British passport after being with me in London for 3 years , we left the UK last year when cross rail started work in the London house. More information 2 of my pensions were paid up before the marriage, one was earned from the NHS and the other a private pension, both of which were the subject of a previous divorce. though no attachment was made. The other pension was my state pension which had been fully earned by the time of the marriage. I worked for 3 years whilst married to her before getting my state pension when I reached 65. The last the pension pot is in a sipp , when I continued working for a few months after retirement age I invested my work pension That I had earned over the previous 9 years. Huahua my wife was with me for 3 of those years. The private pension that I had earned was converted into an annuity a year earlier when I was 64 in order to obtain capital of £20000 to pay to relatives of a child that her son had accidentally and unknowingly run over ( the child was knocked down by a lorry and fell onto the road, her son never saw the child on the road when he reversed) , as this was China and the lorry driver was poor and her son had a newish car the police and relatives decided to prosecute him. in order to prevent him going to prison I raised the sum from my pension and paid the relatives.
Customer: replied 1 year ago.
sorry I just noticed we married on 14.9 2009 not 2015.
Expert:  Clare replied 1 year ago.
Hi
The change in date does make a large difference I am afraid
Will she remain living in China?
Customer: replied 1 year ago.
she says she will move back to Britain eventually so she can get free NHS. either sell or let out the flat
Expert:  Clare replied 1 year ago.
Just to check - did she bring any capital to the relationship at all?
Customer: replied 1 year ago.
basically she had no capital when I met her she was living In a government apartment (studio flat) in Wuhan, she was working part time earning 2000 rmb a month, (about £180 then) with a state pension of 900 rmb a month (about £88 Then). Whilst in the Uk she worked as a carer/cleaner for agencies on minimum wage and has earned 3 years pension contributions to UK pension scheme. Of course at that time she was eligible to benefit form my contributions. we can pay back NI etc. so that the new minimum qualifying period is reached before her retirement which I have no problem paying for her.
Expert:  Clare replied 1 year ago.
Hi
A six year relationship which involved her leaving her home country and working in the Uk is likely to entitle her to something between 25% and 30% of ALL the capital assets which makes your offer on the low side.
She will also have a spousal maintenance claim and if you wish to avoid that then you should expect to be looking at 30% of the capital
This can only be the roughest of guides and of course if she accepts the current offer then fair enough.
I hope that this is of assistance - please ask if you need further details
Clarei
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for the answer, I don't want to cheat her , so I will offer 35%.
Expert:  Clare replied 1 year ago.
That would be a very generous offer in the circumstances

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